Comment ATLANTA — The judge presiding over the grand jury investigation into possible election meddling by Donald Trump and his allies expressed skepticism Thursday about Republican arguments that the prosecution, led by a Democratic prosecutor, was politically motivated. Fulton County Superior Court Judge Robert CI McBurney did not immediately rule on a request by Georgia Gov. Brian Kemp (R) to be subpoenaed for his testimony by Fulton County District Attorney Fani Willis (D). “It’s not my place” to focus on politics, McBurney said as Kemp’s lawyers argued that the subpoena had already become a political issue this election season. “I don’t think it’s the right forum” to discuss the political implications of the case, the judge said. With the midterm elections looming, the investigation has expanded dramatically, reaching into Trump’s inner circle and closing in on the former president himself. Hours after the hearing concluded Thursday, newly filed documents showed prosecutors are seeking testimony from Trump’s former chief of staff Mark Meadows, attorney Sidney Powell and cybersecurity expert Phil Waldron. In recent days, a new wave of political and legal tensions has erupted in public opinion, with Kemp’s lawyer and others accusing prosecutors of politicizing the sensitive case. Georgia’s criminal investigation into Trump and his allies explained Kemp, who resisted Trump’s pressure to overturn the Georgia election results, is considered a key witness. Prosecutors said in a filing this week that they would like to question the governor about calls he received from Trump and others pressuring him to challenge the state’s election results. Kemp is running for re-election against Democrat Stacey Abrams, a former state lawmaker and voting rights advocate, whom he narrowly defeated in 2018. Last week, Abrams tweeted that “the governor’s refusal to testify shows he will always to win elections. Kemp wants credit for “standing up” to Trump, but refuses to testify against the former president and said he would welcome his endorsement. In court Thursday, the governor’s lawyers cited Abrams’ comments as an example of the politicization of the ongoing investigation. “What began as an election interference investigation has been left to its own election interference mechanism,” the governor’s lawyer wrote in a 121-page motion seeking to kill a subpoena for the governor’s testimony or at least delay the matter until later. the elections. . Willis denied any political motivation in court filings released last week. “Let’s discuss the ways you are wrong: This is NOT politically motivated research. It is a criminal investigation,” Willis wrote in a letter released as part of last week’s motion. It was unclear from Thursday’s hearing, which lasted more than two hours, whether Kemp’s bid to quash the subpoena would prevail. In July, the judge rejected a similar request by the lieutenant governor and a former state senator to throw out a subpoena. Earlier Thursday, McBurney issued a ruling rejecting a request by 11 of Georgia’s 16 would-be Republican electors who sought to disqualify the prosecution team on grounds of political bias. Prosecutors say those electors may have been part of a plan to try to get electoral college votes for Trump in Georgia and other states despite Joe Biden’s victory. Attorneys for the voters deny any wrongdoing, citing a pending Georgia election court case at the time they were certified. The list of electors includes Georgia Republican Party Chairman David J. Shafer, lieutenant governor candidate Bert Jones, county GOP officials, a former state legislator and local Republican activists. Trump campaign documents show advisers knew rigging scheme was unfounded The ongoing investigation, McBurney wrote, “is inherently ‘political’ in the simple and unusual sense that politicians and leaders of a particular political party have allegedly made efforts to defeat the will of the Georgia electorate.” A prosecutor taking on such a case, he wrote, “is not automatically biased and partisan—and subject to disqualification—because of the common political ties of the subjects (and targets) of the investigation.” Brian McEvoy, Kemp’s attorney, told the judge that the governor is being asked to testify as the gubernatorial election “reaches a crescendo.” He wondered why the DA’s office wouldn’t allow Kemp to testify after the election. McBurney noted that criticism from Kemp’s political opponents about his reluctance to testify “happened because what he originally bargained for didn’t happen.” He said other statewide leaders such as Secretary of State Brad Raffensperger (R) had filed without fanfare. “We agreed on a date. You were available, you had confirmed that the governor was available,” McBarney told Kemp’s adviser. Prosecutors have said they plan to avoid grand jury action after early voting begins in October. Kemp’s lawyers also cited the doctrines of sovereign immunity and executive privilege that they argued would protect the governor from subpoena. They said they were troubled by the decision to subpoena the governor when he had previously agreed to be interviewed under certain conditions. “We tried to come in voluntarily, facilitate dialogue to discuss executive privilege, attorney-client privilege, those types of things. They’ve refused every step of the way,” said Derek Bauer, one of the governor’s lawyers. Nathan Wade, an attorney for the district attorney’s office, said Kemp’s legal counsel was trying to “control” the way prosecutors interview Kemp. McBurney noted that “if anything, Kemp is a victim” of the crimes that may have been committed, not a target. Prosecutors confirmed it. As Willis and her staff seek testimony from prominent Georgia Republicans and Trump allies, they face increasingly intense criticism from Republicans — and praise from those who support the investigation. “This is reckless and bordering on maniacal,” said John Malcolm, a former federal prosecutor in Georgia who is now vice president of the Constitutional Government Institute at the Heritage Foundation. “I don’t know if she’s doing this to boost her political fortunes or to try to influence the results of the upcoming midterm elections or to try to influence the results of the 2024 presidential election — or if it’s all three.” Norman Eisen, counsel in Trump’s first impeachment, praised Willis’ success in getting reluctant witnesses, such as former New York Mayor Rudy Giuliani, Trump’s lawyer, to appear before the grand jury. Eisen called Kemp’s legal arguments “borderline frivolous” and “foot-dragging.” He dismissed allegations of political bias as what “any adversary faces when seeking accountability against Trump and his imitators.” Trump allies resist testifying as Georgia election probe widens Willis launched the investigation days after taking office in early 2021, following news reports that Trump and his allies made calls to Georgia officials trying to overturn the election results. Kemp’s attorney suggested in his brief that the DA’s office had engaged in “gameplay,” noting that talks with prosecutors about terms for a voluntary interview with the governor were well underway when the DA’s office called off negotiations and sent him subpoena. He included email communications and other correspondence as evidence. In a subsequent filing, Willis’ office suggested that Kemp’s attorney had selected the mail as part of an effort to make the DA’s office appear unreasonable. The filing said Kemp’s “dramatic display of non-cooperation” could be seen as “a tactic to influence the November election.” The prosecution denied any delay in the governor’s testimony. Kemp’s testimony came a day after lawyers for 11 would-be Trump voters in Georgia filed a motion seeking to bar Willis and her team from the investigation — and perhaps the entire investigation — for conducting a politically motivated prosecution. The court filing refers to a judge’s recent decision to disqualify Willis from investigating a potential Trump elector — Sen. Jones — after Willis held a Democratic primary fundraiser for Jones’ potential opponent in the upcoming lieutenant governor race. The judge invited Willis’ participation in the fundraiser a ” ‘What are you thinking?’ moment.” Attorneys for the 11 GOP voters argued in their motion that they are “inextricably intertwined” with the Jones campaign and thus face the same “entirely reasonable concerns about politically motivated prosecutions” that the judge found in barring Willis from the Jones investigation. Attorneys for the voters asked the court to find another prosecutor who could “conduct this investigation adequately, fairly and free of the existing personal and political conflicts with this DA and her office.” In a ruling Thursday, the judge rejected Willis’ attempt to disqualify him. Additional exchanges with Fulton County prosecutors emerged in an appeals court filing late last week by attorneys for Sen. Lindsey O. Graham (RS.C.), who has been called to testify in the case. Graham’s attorneys released details of the conversations, including a recorded voicemail, in which prosecutors agreed to delay Graham’s scheduled deposition pending the resolution of his appeal — and then abruptly backed out. Willis and her team said they want to ask Graham about phone calls he made to the Georgia secretary of state and his staff shortly after the 2020 general election. During those calls, Graham asked about the “review …
